Parents typically have the right to make decisions regarding the care and upbringing of their children. However, there are times when this is not in the child’s best interest.
A grandparent who in this situation may want to seek custody of their grandchild. This can be a difficult process, but an attorney could help you with filing for custody of a grandchild in Alpharetta.
In most cases courts will attempt to keep children in the custody of one or both parents. However, there are some circumstances where a court would consider placing a child in the custody of a third party, including grandparents. Some situations where a court may do this include:
If other relatives are also seeking custody of the children, the court will have to determine what placement would be in the child’s best interest. Factors such as whether the child has been living with the grandparent may weigh heavily in favor of granting custody to the grandparent.
In any custody case courts will consider the best interests of the child as one of the most important factors. Grandparents typically are given preference over non-blood relatives, but when other relatives are also seeking custody of the child the court will look at several factors to determine the child’s best interests including:
Anyone considering filing for custody of a grandchild in Alpharetta may want to become familiar with what factors the court considers when determining the best interests and how they may apply to a specific case.
It is very difficult for a grandparent to obtain custody of a grandchild if one or both of the parents object. Courts may be more likely to consider grandparents as custodial parents in cases where the parents of the child are deceased.
If a custodial parent dies the presumption is to place the child with the other parent. If, however, there is no living parent, or the other parent is unwilling or unable to care for the child, the court will generally favor placing the child with a relative.
Grandparents will be most likely to obtain custody if the parents left a will naming the grandparents as the guardians of the child. Grandparents are also more likely to get custody if the child is already living with the grandparents or wishes to live with them.
If you are considering filing for custody of a grandchild in Alpharetta you should understand the situations in which a court will grant custody to a third party. Typically, courts will presume that children should remain in the custody of one of the child’s parents. In cases when the parents are both deceased or have been deemed unfit, courts will consider third-party custody.
However, grandparents may still have difficulties obtaining custody if another relative is also seeking custody of the child. Contact our team today for help with filing for custody of a grandchild.
Atlanta Divorce Law Group